Land Development Ordinance - Amended 4-2-2024

(3) A draft of the homeowners’ association covenants and by -laws prepared by the developer shall be submitted to the Town for review prior to preliminary plan approval to ensure that the Homeowners’ Association Board can grant public easements over common area s owned and maintained by the homeowners’ association to the Town or other public entity without the joinder of the individuals lot owners and a statement that there are no reciprocal easements among the lot owners requiring the joinder of lot owners for the conveyance or acquisition of public easements. Once the Town has approved the document(s) and they are recorded with the Wake County Register of Deeds, a recorded copy shall be provided to the Town as part of the development approval.

b. Pedestrian Easements

Easements to provide for pedestrian access including greenways, multi-purpose or side trails and sidewalks where required by the Town, in accordance with the Community Pedestrian Master Plan, shall be provided as part of a subdivision, site plan or other type of development design and construction drawings required by the Land Development Ordinance. The easement width provided for construction and as a permanent dedicated easement shall be in accordance with the Town’s Standard Specifications & Construction Details.

c. Riparian Buffers

Where a subdivision, site plan or other type of development permitted in the Land Development Ordinance is traversed by a watercourse, drainage way, channel, or stream in the Neuse River Basin there shall be provided a riparian buffer in accordance with Article I Environmental Protection Standards, §9-1404 Riparian Buffers Regulations.

d. Storm Drainage Easements

Storm drainage traversing a street within a public right-of-way shall be maintained by the Town of Fuquay-Varina. All storm drainage easements outside a public right-of-way shall be private storm drainage easements that shall be maintained by individual property owners, the developer or a homeowners’ association, as determined by the developer. Storm drainage easements and construction of a storm drainage system shall be in accordance with the Town’ Standard Specifications & Construction Details. Storm drainage easements shall be subject to and in compliance with Article I Environmental Protection Standards, §9-1405 Stormwater Management Regulations.

e. Easements Subject to Dedicated Land

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